IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY JHE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI l■A.Nos■2 and 3 OF 2024 In/and CRIMINAL PETITION NO: 830 OF 2023 Between: Mr.Bandi Peddi Rajulu, S/o. Sri B. Gandhi, Aged about 37 Years, Occ.. Advocate, R/o. Plot No. 104, Pleasant Pearls, Hydershakote, Cyberabad, Hyderabad. Presently Residing at H.No.2-129/14, 4th Floor, Above Madhav Electricals Gajularamaram, Qutubullapur Mandal, R.R.District, Hyderabad-500 055, Telangana State ...Petitioner/Revision Petitioner/respondent AND 1. Smt. Bandi Rama Devi, W/o. Peddi Rajulu, Aged about 33 Years, Occ.. House-wife, C/o. Bandi satyanaryana, R/o. Raanagaram, H/O.Korraguntapalem, Mudinepalli Mandal, Krishna District. 2. Bandi Dhanvish, S/o. B.Peddi Rajulu,Aged about 10 years, (Being minor rep. by his mother respondent) both are presently residing at. Padamatipalem Village, Kalidindi Mandalam, Krishna District, Andhra Pradesh-521344. 3. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of Andhra Pradesh Amaravathi. ...Respondents/Respondents/Petitioners Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the order passed by the Hon'ble XI Additional District and Sessions Judge, Gudiwada in Crl.R.P.No.62 of 2018 dated 21.10.2022 filed against the order passed by the Judicial ISt class Magistrate, Kaikalur, dated 22.06.2018 in M.C.No.38 of 2015. I.A, NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in Order passed by the Hon’ble XI Additional District & Sessions Judge, Gudiwada in Crl.P.No.62/2018 dated 21/10/2022. I.A. NO: 2 OF 2024 Petition under Section 482 of Cr.P.C and U/s 320(2) of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise (Memorandum of Understanding/Compromise) entered in between the Petitioner/wife and 1st Respondent/Husband on 13.10.2023 and in view of the order of the Family Court, at L.B.Nagar, R.R. District, Hyderabad in FCOP.No.227 of 2022, dated 21.12.2023, by allowing the CRLP.No.830 of 2023. I.A. NO: 3 OF 2024 Petition under Section 320(6) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, he High Court may be pleased to grant permission to compromise the CRLP.No.830 of 2023 by allowing the same as prayed for in view of the compromise between the parties. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A V KONDAIAH, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.3 and of Sri Syam Sunder, Advocate for the Respondents No.1 & 2. The Court made the following: COMMON ORDER APHC010051132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3368] \ PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION No: 830/2023 Between: 1.MR.BANDI PEDDI RAJULU, S/0. SRI B. GANDHI, AGED ABOUT 37 YEARS, OCC.. ADVOCATE, R/0. PLOT NO. 104, PLEASANT PEARLS, HYDERSHAKOTE, CYBERABAD, HYDERABAD. PRESENTLY RESIDING AT H.NO.2-129/14, 4TH ABOVE MADHAV ELECTRICALS, QUTUBULLAPUR MANDAL, FLOOR, GAJULARAMARAM, R.R.DISTRICT, HYDERABAD-500 055, TELANGANA STATE. ...PETITIONER/ACCUSED AND 1.SMT BANDI RAMA DEVI, W/0. PEDDI RAJULU, AGED ABOUT HOUSE-WIFE, C/0. BANDI RAANAGARAM, MUDINEPALLI MANDAL, 33 YEARS, OCC.. SATYANARYANA, H/O.KORRAGUNTAPALEM, KRISHNA DISTRICT. R/0. 2. BANDI DHANVISH, S/0. B.PEDDI RAJULU,AGED ABOUT 10 YEARS, (BEING MINOR REP. BY HIS MOTHER RESPONDENT) BOTH ARE PRESENTLY RESIDING AT. PADAMATIPALEM VILLAGE, KALIDINDI MANDALAM, KRISHNA DISTRICT, ANDHRA PRADESH-521344. 3.THE STATE OF ANDHRA PRADESH, REP BY PUBLIC high COURT OF ANDHRA PRADESH PROSECUTOR, AMARAVATHI. ...RESP0NDENT/C0MPLAINANT(S): 2 V Counsel for the Petitioner: 1.AVKONDAIAH Counsel for the Respondent(S): 1.S SYAMSUNDER RAO 2.PUBLIC PROSECUTOR (AP) The Court made the following: '-.-j 3 ' r THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI lA Nos.2 and 3 OF 2024 in/and Criminal Petition Nn:830 OF 2023 COMMON ORDER: This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner herein to quash the Order dated 21.10.2022 in Crl.R.P.No.62 of 2018 on the file of the learned XI Additional District & Sessions Judge, Gudiwada. 2. Heard Sri A.V.Kondaiah, learned counsel for petitioner/Revision Petitioner and Sri S.Syam Sunder Rao, learned counsel for the respondents No.1 and 2 (Respondents). Learned Additional Public Prosecutor representing the State present. Today, when the matter is taken up for hearing, learned counsel 3. for the petitioner herein, learned counsel for the respondents No.1 and 2, learned Additional Public Prosecutor representing the State are nd present before this Court. The respondent No.1 representing the 2 respondent, who is a minor boy, and petitioner present before this Court physically. All the parties produced their respective Aadhaar cards in proof of their identity. Learned counsel for the petitioner and the learned counsel for respondent Nos.1 and 2 identified their parties in the open Court. The concerned Police Officer is present before this Court and identified the parties. 4 This Court questioned the respondent No.1, who is mother of 4. minor boy/2"'' respondent with regard to compromise, and she categorically stated to the extent that she voluntarily entered into compromise with the petitioner herein and there is no threat, coercion s or undue influence in arriving at the compromise. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak. 5. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh v. State of Punjab & another\ on quashing of criminal case, when the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the Order dated 21.10.2022 in Crl.R.P.No.62 of 2018 on the file of the learned XI Additional District & Sessions Judge, Gudiwada, is hereby quashed. Accordingly, I.A.Nos.2 and 3 of 2024 and Criminal Petition 6. No.830 of 2023 are allowed. As a sequel thereto, the interlocutory applications, if any pending in this Criminal Petition shall stand closed. 1 2012(9) Scale 257 Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The XI Additional District & Sessions Judge, Gudiwada, Krishna District, Andhra Pradesh. ■i s£ ■, > 2. OneCCto Sri. A V Kondaiah, Advocate [OPUC] 3. One CC to Sri. S Syamsunder Rao, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh.[OUT] l 5. Three CD Copies vna * enclose the memorandum of understanding/ compromise Deed HIGH COURT DATED:07/02/2025 ORDER I.A.Nos.2 and 3 of 2024 In/and CRLP.No.830 of 2023 5 2 “I FEB 2025 S Current Section I.A.Nos.2 and 3 of 2024 ARE ALLOWED AND ALLOWING THE CRIMINAL PETITION AS COMPROMISE I A;'-/ 4 rm) •:tv ?v ■ftm A :;J I. V .t .S; .0 t-'-'Wr •'Vf 1-. '^rsT' -s V ef 'W '■■ BU » / ^ lOOD /j r-r iiTs (A- /. r ; /;//'• -''% sT:!1 1 1 ~l I-'. a V -r .-1^' 'r ■s Jg V’v ',' .-SC Ac - — '-I OOl OOv 1 OO■"! OO-1 OOW OO 1 00-1 OO 0-| 0-1 OO :, rToo 1 oc' 'll'-A f'-t OO-S OV.' -i --■O '- OO'O OO <-.--!. .<^t„v-i-_O0-! OO/ OO-S 0;.0 -f -or-,-. o o 1 :■ '*Tr^ INDIA 'Aj ;a ■" ) -o -! o rcj -« :*■ -« 8 1 -» '• ' C5 0 -8 O O ::v.o-ii -o -O' 5 o .o> 1 ■■ ' '.J •rs--; ^- ■■f' ■--i vVJi ;/ .*• 422531 -0-. ,V'' T'* .- '%o.. .is, gooses %i?nTRT TELANGANA ^ TranUd: 231111’152.1.19,S.S(,732 Dale: 12 OC l- 21123.113:25 I'M Piircliubccl \l\ I 5 tS 5 A.NAVEEN i.lCt-NSED STAMP VENDOR Lie. Nu. 15-27-0U7/2015 Ren.Nu. i-13-i ()(./2021 Soeicly Counlci' Rangn Reddy Disti'ici Cuuri Complex. L.ii.N:ig;ir 0rR;mi:;i Reddy Disii'iei Ol'R.Tnga Reddy Dislrici Pli S374S33020 B P 7D1RAJULU GANDH! S'U R/u ilYD I'ur tt’licjiit I MEMORANDUM OF UNDERSTANDING/COMPROMISE DEED 3 THIS DEED OF MEMORANDUM OF UNDERSTANDING/COMPROMISE DEED is made and executed on Hyderabad, by and between. 1. Sri Bandi Peddi Rajulu, S/o. Sri B. Ggjidhi, Aged about 43 Years Advocate, R/o. H.No.2-129/14, 4th Madhav Electricals, Gajularamaram, Qutubullapur Mandal, R.R.District, 055, Telangana State, (Aadhaar Card No.347637218246) called as the party of the First Part. § this the 13th day of October, 2023, at , Occ.: Hyderabad-500 Hereinafter 5 (Which term and expression shall mean and include its Legal Heirs, Legal I Representatives, Successors, Administrators, Executors AND and Assignees etc.) i O-' e \V\aj'>ODor76V I § 1 2. Smt. Bandi Rama Devi, W/o. Mr.Bandi Peddi Rajulu, D/o. Sri Ooduri Occ.: House-wife, R/o. Venkateswara Rao, Aged about 30 Years, Padamatipalem Village, Kalidindi Mandal, Eluru District, Old Krishna District, \ N Andhra Pradesh. (Aadhaar Card No.2192 3695 9955) Hereinafter called the party of the Second Part. (Which term and expression shall mean and include its Legal Heirs, Legal Representatives, Successors, Administrators, Executors and Assignees etc.) Whereas the party of the First Part got married the party of the Second Part on 18.02.2011, they blessed with two Childers by name Bandi Lohitha Prajwal (Aadhaar Card No.594903166999) elder son on 07.12.2011 and Master Bandi Dhanvish (Aadhaar Card No. 5097 5841 9928) 11.12.2013. Due to certain issues the party of the First Part and Second Part has been living separately from 16.10.2013. Be that as it may, the party of the Second Party has filed a case under section 498A IPC 85 section 3 85 4 of D.P.Act, against the Party of the First and his parents and sisters i.e. namely , (1) Sri Bandi Gandhi, S/o. Sri Late Bandi Suryanarayana, (2) Smt. Bandi Suseela, W/o. Sri B. Gafidhi, (3) Smt. Gavirisetty Jyothi, W/o. Sri G. Nageswara Rao, (4) Smt. Karelia Lakshmi, W/o. Sri K. Raghava Rao, and the same is registered as CC.No.l34 of 2016 pending before the Hon hie Judicial First Class Magistrate, Kaikaluru, Krishna District, aggrieved by the said CC.No.134 of 2016 the parents and sifters of party of the First Party have filed a Quash Petition i.e. CRLP.No.8552 of 2016 before the Hon’ble High Court of Andhra Pradesh and the same is pending for consideration before the Hon’ble High Court. younger son on Both the parties have filed couple of cases against each other before various courts and details of those cases are as follows” CASES FILED BY THE PARTY OF THE FIRST PART SL COURT NAME CASE NO - PARTIES OF THE CASE B.PREDDI RAJULU STATUS NO 1. HIGH CRLRC.No. Pending J COURT OF 197/2023 AND B RAMADEVI AP 2. HIGH COURT OF CRLP; 830/2023 fcor^ 227/2022 b.preddi rajulu AND B RAMADEVI B.PREDDI RAJULU AND B RAMADEVI No. Pending AP 3. FAMILY COURT RANGA REDDY Pending S'- DISTRICT, AT L.B.NAGAR HIGH COURT OF 4. CRLP.No. 8552 2016 B. GANDHI AND 3 OTHERS B. RAMA DEVI AND OTHERS Pending OF AP 5. HIGH COURT OF CRLP.No. OF 2023 yet to be FILED the party THE FIRST PART AGAINST CC.No. 134 OF 2016 B PEDDI 'R^JULU Pending AP BY OF % CASES FILED BY THE PARTY OF THE SECOND PART SL COURT NAME CASE NO PARTIES OF THE CASE B RAMADEVI ' AND B.preddi rajulu 8b 4 others STATUS NO 1. JUDICIAL MAGISTRATE OF FIRST CLASS KAIKALUR CC.No. NO 134/2016 Pending 2. JUDICIAL MAGISTRATE OF FIRST CLASS KAIKALUR DVC.No. 24 OF 2015 ALONG WITH CRL MP’S PENDING IN DVC.No. 24 OF 2015 B RAMADEVI AND B.PEDDI RAJULU Pending 3. JUDICIAL MAGISTRATE 88 B RAMADEVI AND MC.No. OF 2015 Pending I } / OF first along WITH CRL MP.No. 2125 OF 2018 CRLMP.No. 2743 2016 B.PREDDI RAJULU CLASS KAIKALUR 4. JUDICIAL magistrate OF FIRST CLASS KAIKALUR B RAMADEVI and B.PREDDI RAJULU Pending OF IN DVC.No. 24 OF 2015 along WITH MP’S PENDING CRLRC.No. CRL 5. high court OF AP B RAMADEVI against B.GANDHI OtHERS Pending 143 OF 2023 AND 3 Whereas during the pendency of the above disputes between the parties to are settled all the issues between them and the reduced into terms and conditions memorandum of , , , covenants leading compromise as menuoned below to avoid fuUtre litigation on this issues between both the p3.rtics. are writing by way. of understanding in the light of the execution of this NOW THIS DEED OF MEMORANDini/r OF IJNDERSTANDING /COMPROMTRT?. ^EED WITNE_SSETH AS FOT t onrc.. 1. The par^ of the First Part is agreed to pay an amount of Rs.l8,00.000/-(Rupees Eighteen Lakhs Only) towards permanent atoony to the Party of the Second Part and her younger son Master anvish for their life time and the party of the Second Part is agreed for the same. 2. The Party of the First Part Rs.ll,00,000/-(Rupees Eleyen per the terms mentioned below. will pay the said permanent alimony of Lakhs Only) by way of demand drafts as 0' Rou Wft) Dif/V ' i i11 3. Both the parties agreed to obtain divorce on mutual consent (by amending the FCOP.No. 227 of 2022) under section 13-B of the Hindu Marriage Act, 1955 before the Hon’ble Family court Ranga Reddy in terms of this deed forthwith. Mutual District, at L.B.Nagar application along with consent amendment should be signed by the both the parties today i.e. 13/10/2023 along with this MOU and should annex with the application. 4. The Party of the Second High Court of Andhra Pradesh whenever Part IS agreed to appear before the Hon’ble required in CRLP.No.8552of 2016 which IS already filed by the parents and sisters of the party of the First Part and the quash petition to be filed by the Party of the First Part and report her consent by submitting no-objection in view of this compromise deed to quash the CC.No.l34 of 2016 pending before Magistrate, Kaikaluru, Krishna the Hon’ble Judicial First-Class District and sign the necessary documents, affidavits before the Honhle High Court of Andhra hearing of the matters without fail I and present Pradesh at the time of forthwith in terms of this party of the Second Part is to compromise deed or that the close/withdraw the CC.No.l34 of 2016 pending before the Honhle Judicial First Class Magistrate, Kaikaluru, Krishna District i this compromise deed. in view of 5. Both the parties should gigive consent for closure of the above mentioned cases in respective courts and should report no-objection cases in view of the compromise deed to dispose and close the above between the parties. 6. The Party of the Second Part is undertakes that she will not file suits, claims, criminal cases, Misc Petitions, against the party of the First Part and his Parents family members in her life time, she has settle all no right, interest over the properties (movable any Maintenance Cases etc., and sisters and his her claims, she has and immovable) of the Pages of 9 RiAjnrrial 17GV J I party of First Part and his parents in her life time. Party of the first part undertakes that he will not file suits, claims, criminal cases, Misc Petitions, Maintenance Cases etc., against the party part. of the Second Master Bandi 7. The both the parties are agreed that their elder son Lohitha Prajwal is continuing with the custody of the party of First Part till attain majority and younger son Master Bandi Dhanvish is continuing as off now with the Party of Second Part. 8. The party of the First Part will deposit an amount of Rs.7,00,000/- (Rupees Seven Lakhs only) in the name of his younger son Master Bandi Dhanvish, by way of Fixed Deposits for a period of 10 years, the party of Second Part is permitted to withdraw the whatever monthly interest given by the concerned bank/s, and the same should be utilized for the purpose of maintenance and welfare of younger son Bandi Dhanvish. The Party of the Second Part undertakes not Master withdraw the said fixed deposit till completing the 10 years deposit period and she also agrees that even after completing the 10 years deposit period Master Bandi Dhanvish is only permitted to withdrawn fixed deposit in terms of this deed. The party of the second part has that she will not violate above consent under any to given consent circumstances. and given consent that she will not other cases on her behalf and on 9. The Party of Second Part agrees file any maintenance case or any behalf of her younger son First Part and his parents and family members and relatives in any during their life time against the party of manner in terms of this deed. Party of the First Part will file the original fixed deposit of total Rs. 7,00,000/- (Rupees Seven Lakhs only) in the name Bandi Dhanvish and Rs.ll,00,000/-(Rupees Eleven Lakhs the party of the second part for The 10. bonds of Master Only), will be handed over to I') permanent alimony and for full and final settlement of all her claims for the life time. The above mentioned amount of Rs. 18,00,000/- (i.e. Rs.7,00,000/- Fixed Deposits in favour of'the younger son Master Bandi Dhanvish and Rs. 11^00,000/-...in favour of the party of the second part) in the following manner: On the date of closing the case Amount in the form of DD & Fixed Deposits Installme nt No CC. NO. 134/2016 1. CRLP.NO. 8552 OF 2016 Rs.2,00,000/- QUASH PETITION (CRLP YET TO BE FILED BY THE PARTY OF THE FIRST PART AGAINST CC.NO. 134 OF 2016) Rs.2,00,000/- DVC.NO. 24 OF 2015 ALONG WITH CRL MP’S PENDING IN DVC.NO. 24 OF 2015 Rs.2,00,000/- 2. MC.NO. 38 OF 2015 ALONG WITH CRL MP.NO. 2125 OF 2018 CRLMP.no. 2743 OF 2016 IN DVC. NO. 24 OF 2015 ALONG WITH CRL MP’S PENDING CRLRC.no. 143 OF 2023 Rs.2,00,000/- 3. On the date of obtaining Divorce decree from Hon’ble Family Court Ranga Reddy District in FCOP.NO. 227 of 2022 4. Rs.3,00,000/- Oil the date of obtaining Divorce decree from Hon’ble Family Court Ranga Reddy District in FCOP.NO. 227 of 2022 2““ party will be shown as guardian in the said FD’s Rs.7,00,000/- (Fixed Deposits) PERMANENT SETTLEMENT OF ALL HER (I.E.BANDI RAMADEVI AND HER younger son MASTER BANDI DHANVISH CLAIMS FOR THEIR LIFE TIME 18,00,000/- TOTAL a: ^ cm 9CV ) the name of the the date of obtaining The party of the Second Part should not use 11. party of the First Part as her husband from mutual divorce in FCOP.No.227 of 2022 before Hon’ble Family Court of the part of the First Ranga Reddy court and should delete the name Part in her Aadhaar Card No. 219'^ 3695 9955, as other cards where party of the first part name reflects. her husband and any the Party of the Second Part should sign the necessary the name of Further, documents for closing the joint bank account held in 12. of First Part and Party of the Second Part at Saptagiri Grameena Party Bank, Alluru of the second part should personally appear closure of account. Party of the second party undertakes that she will Branch, Mudinepalli Mandal, Krishna District and party before the bank for not claim any amount from the above said account. the second part hereby undertakes that she shall and when it will The party of cooperate for withdrawing above mentioned cases be listed or called date ih the respective courts and she shall not of the first part and his family members 13. as while trouble party withdrawing/close the above mendoned cases. of Understanding meant for compromise of This Memorandum matrimonial disputes between the parties to this deed and executed their free will and consent and no coercion and and the same is voluntarily agreed 14. by both the parties at undue influence leading the same the Memorandum of understanding for upon between the parties compromise of the all the disputes to arose out of matrimonial life. and 2"d part scrupulously followed the terms and of this deed and shall not violate of the same in of this deed and binding of the parties hereunder signed. 15. The l^t conditions/covenants furtherance 1 2. Page 8 of 9 ^ 60 Dev \ t / 'V 16. The party of the second part undertakes with free will and consent on her own that she will not misuse of the FD of her younger son during her lifetime, if any violations of all the above terms and conditions by the party of the second part, the party of the first part can take appropriate legal actions against party of the second part for which party of the second part agrees for the sam^ IN WITNESS WHEREOF the parties hereto set their hand and subscribed their signature unto this memorandum of understanding/ compromise deed with their own free will and consent on the day, month and year first mentioned after all contents were read over and explained to them in telugu being unacquainted with English in the presence of the following witnesses and by her counsel appearing in FCOP.No. 227 of 2022 before Honhle Family Court Ranga Reddy Courts, at L.B.Nagar. Witnesses: e> >S- <3 ~Z- \ l: 1. ,V0 ^ ml rwU (Party of First Part) j:- t 2.5i\^(Xl9AW9C\/J (Party of Second Part) 2. Rf If- t